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The Genesis and Impact of Anti-Corruption Policies in Portugal

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The Genesis and Impact of Anti-Corruption Policies in Portugal View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Digital library of University of Maribor VARSTVOSLOVJE, Journal of Criminal The Genesis and Impact Justice and Security, year 18 no. 2 of Anti-corruption Policies pp. 160‒174 in Portugal: A Preliminary Assessment of Corruption Risk Management Plans Eduardo Viegas Ferreira Purpose: The purpose of this paper is to assess the impact of public services and corporations’ corruption risk management plans on international perceptions of corruption in Portugal and on the detection and court conviction of corruption behaviours. Design/Methods/Approach: This research assumed that political systems, institutions and social groups, and the variety of forms in which individuals interact with them play a major role in corruption behaviours. Corruption risk management plans have formed part of the Portuguese anti-corruption strategy since 2009 and their design and implementation has been politically and socially contextualised. Official data on corruption provided by governmental and non-governmental agencies and covering the period between 2001 and 2014 were used to identify corruption trends before and after implementation of the plans. Findings: Existing data suggest that, at least until 2014, the corruption risk management plans had no impact on international perceptions of corruption in Portugal, or on the detection and court conviction of corruption cases. Research Limitations/Implications: The outcome of a single anti-corruption measure, such as the plans, is difficult to identify and isolate since several other measures are activated or remain active during the same time period, as do several social, political, economic or cultural factors. This first and preliminary assessment will have to be followed by a more in-depth, qualitative analysis. Originality/Value: This paper highlights the need to assess the outcomes of every anti-corruption measure. The corruption risk management plans are a time- and resource-consuming measure that must be further tested with regard to its social and political benefits. 160 Eduardo Viegas Ferreira UDC: 343.352 Keywords: corruption, corruption risk management plans, crime prevention Razvoj in vpliv protikorupcijske politike na Portugalskem: preliminarna ocena načrtov za obvladovanje tveganja korupcije Namen prispevka: Namen prispevka je oceniti vpliv načrtov za obvladovanje tveganja korupcije, ki jih uporabljajo v javni upravi in korporacijah, na mednarodno dojemanje korupcije na Portugalskem ter na odkrivanje in obsodbe koruptivnega vedenja. Metode: Pričujoča raziskava predpostavlja, da igrajo politični sistemi, institucije in družbene skupine ter različni načini posameznikove interakcije z njimi pomembno vlogo pri pojavu koruptivnega vedenja. Načrti za obvladovanje tveganja korupcije so od leta 2009 del portugalske protikorupcijske strategije. Njihovo oblikovanje in izvedba sta bila tako politično kot tudi družbeno kontekstualizirana. Za ugotavljanje trendov korupcije pred in po izvedbi načrtov smo uporabili uradne podatke vladnih in nevladnih agencij o korupciji med letoma 2001 in 2014. Ugotovitve: Obstoječi podatki kažejo, da vsaj do leta 2014 načrti za obvladovanje tveganja korupcije niso imeli nobenega vpliva na mednarodno dojemanje korupcije na Portugalskem ter na odkrivanje in obsodbe primerov korupcije. Omejitve/uporabnost raziskave: Izide enega ukrepa za boj proti korupciji, kot so načrti, je težko prepoznati in izolirati, saj so v istem časovnem obdobju potekali ali bili aktivirani številni drugi ukrepi, prav tako pa številni socialni, politični, gospodarski in kulturni dejavniki. Prvi in preliminarni oceni bodo morale slediti bolj poglobljene, kvalitativne analize. Izvirnost/pomembnost prispevka: Ta članek poudarja potrebo po ocenjevanju rezultatov vseh protikorupcijskih ukrepov. Načrti za obvladovanje tveganja korupcije so dolgotrajni ukrep, ki potrebuje tudi določena sredstva in vire, zato jih je treba še dodatno preskusiti glede na socialne in politične koristi. UDK: 343.352 Ključne besede: korupcija, načrti za obvladovanje tveganja korupcije, preprečevanje kriminalitete 1 INTRODUCTION Corruption reduces economic and social efficiency and results in distortions. Generally speaking, corruption causes harm. It damages the potential for sustained 161 The Genesis and Impact of Anti-corruption Policies in Portugal growth or other aspects of the economy and society, even when corruption seems to be a more efficient way of bypassing abusive government regulations, or to bring about other benefits. As Klitgaard (1988) clearly stated a long time ago, the harmful effects of corruption greatly outweigh its (occasional) social or economic benefits and, although the effects of corruption are still disputed, it can be generally assumed that corruption has a deleterious, often devastating effect on governance and on economic and political development. Corruption behaviours are linked to a wide array of political, social, economic and cultural factors. One single factor is usually not sufficient or necessary to explain or predict corruption. Limited or occasional corruption behaviours can be explained by individual factors, ranging from persistent or occasional financial strain to revenge or long-term general unlawful rent-seeking behaviour. However, more or less widespread corruption behaviours can be better explained by complex social structures and networks that in an organised manner and systematically drive individuals, or allow them to be driven into corruption (Scott, 1972). Different political systems facilitate different types, levels and effects of corruption in each system, so corruption “must be understood as a regular, repetitive, integral part of the operation of most political systems” (Scott, 1972: 26). Political systems, institutions and social groups, and the variety of forms in which individuals interact with them, play a major role in corruption behaviours. The abuse of public and public-related office for individual or group gain is unethical or criminal individual behaviour only in as far as it cannot be linked to societies that are structured according to specific social groups’ interactions – either cooperative or conflicting – and interests. In such a case, corruption should be regarded as a social phenomenon going beyond the sum of individual unlawful rent-seeking behaviours. Democratic systems, like the one existing today in Portugal, tend to be relatively well equipped to prevent all forms of corruption. The election systems allow for almost universal participation at national and regional political levels. Barriers to the political participation of the vast majority of the population are virtually non-existent and the democratic political system can handle almost all demands being made on it, regardless of their scale and nature. Through regular elections voters can hold politicians and public officeholders accountable and citizens, who feel disenfranchised from formal political power and are potentially drawn to corruption as an informal way of influencing it, are generally a minority (Lambsdorff, 2006). The rule of democratic law is in force and regular checks and balances of political institutions and actors, as well as of public and public-related office holders, are done by specialised and stable auditing and judicial institutions. The capture of political power and of government by national elites, trying to violate existing rules against the exercise of certain types of private-related influence and aim at private-related (personal, close or enlarged family, interest group) pecuniary or status gains, is not impossible but reasonably prevented by institutionalised accountability or, as a last resource, by whistle-blowing processes that are assured by a fairly extensive and protected freedom of writing and speech. 162 Eduardo Viegas Ferreira Democratic countries, like Portugal, are nevertheless still affected by corruption, be it in the form of bribery, kickbacks, extortion, ‘speed money’, collusion, fraud and an immense variety of other actions of individuals, groups or corporations, in both the public and private sectors, aiming to influence the formation of laws, regulations, decrees and other government policies to their own advantage. Several factors have been found to be linked to a higher prevalence of corruption in democratic regimes: low governance transparency and accountability, usually associated to a recent or unstable democratic regime; high government control of the economy and of society in general; complex and difficult-to-understand administrative and business regulations; complex and low-scale progressive taxation systems; low payment levels of public or public-related officials; socio-political and cultural leniency towards unlawful rent-seeking strategies, compensating for the underpayment of officials; or high income inequalities (Gupta, Verhoeven, & Tiongson, 2002; Lambsdorff, 2006; Lambsdorff & Cornelius, 2000; Wittemyer, Bailur, Anand, Park, & Gigler, 2014). 2 CORRUPTION IN PORTUGAL – A BRIEF EXCURSION INTO THE RECENT PAST Portugal has a relatively recent democratic regime. During the former regime (lasting from 1928 to 1974), political power was almost entirely centralised in a single person (Rosas, 2012). The effectiveness and continuity of this power centralisation was assured by all available means, going from persuasive mass propaganda to strict obedience based in widespread physical and psychological repression. The former regime was clearly
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